287.380. Employer or insurer to make report to division, requirements--information not to be disclosed--failure to report, penalty.
Employer or insurer to make report to division,requirements--information not to be disclosed--failure to report,penalty.
287.380. 1. Every employer or his insurer in this state, whether hehas accepted or rejected the provisions of this chapter, shall withinthirty days after knowledge of the injury, file with the division undersuch rules and regulations and in such form and detail as the division mayrequire, a full and complete report of every injury or death to anyemployee for which the employer would be liable to furnish medical aid,other than immediate first aid which does not result in further medicaltreatment or lost time from work, or compensation hereunder had he acceptedthis chapter, and every employer or insurer shall also furnish the divisionwith such supplemental reports in regard thereto as the division shallrequire. All reports submitted under this subsection shall include thename, address, date of birth and wages of the deceased or injured employee,the time and cause of the accident, the nature and extent of the injury,the name and address of the employee's and the employer's or insurer'sattorney of record, if any, the medical cost incurred in treating theinjured employee, the amount of lost work time of the employee as a resultof the injury and such other information as the director may reasonablyrequire in order to maintain in the division, accurate and complete data onthe impact of work-related injuries on the workers' compensation system.The division shall collect and maintain such data in such a form as to bereadily retrieved and available for analysis by the division. Employersshall report all injuries to their insurance carrier, or third-partyadministrators, if applicable, within five days of the date of the injuryor within five days of the date on which the injury was reported to theemployer by the employee, whichever is later. Where an employer reportsinjuries covered pursuant to this chapter to his insurer or third-partyadministrator, the insurer or third-party administrator shall beresponsible for filing the report prescribed in this section.
2. Every employer and his insurer, and every injured employee, hisdependents and every person entitled to any rights hereunder, and everyother person receiving from the division or the commission any blankreports with direction to fill out the same shall cause the same to bepromptly returned to the division or the commission properly filled out andsigned so as to answer fully and correctly to the best of his knowledgeeach question propounded therein, and a good and sufficient reason shall begiven for failure to answer any question.
3. No information obtained under the provisions of this section shallbe disclosed to persons other than the parties to compensation proceedingsand their attorneys, except by order of the division or the commission, orat a hearing of compensation proceeding, but such information may be usedby the division or the commission for statistical purposes.
4. Any person, including any employer, insurer or any employee, whoviolates any of the provisions of this section, including any employer orinsurer who knowingly fails to report any accident under the provisions ofsubsection 1 of this section, or anyone who knowingly makes a false reportor statement in writing to the division or the commission, shall be deemedguilty of a misdemeanor and on conviction thereof shall be punished by afine of not less than fifty nor more than five hundred dollars, or byimprisonment in the county jail for not less than one week nor more thanone year, or by both the fine and imprisonment.
(RSMo 1939 § 3722, A.L. 1965 p. 397, A.L. 1980 H.B. 1396, A.L. 1983 H.B. 243 & 260, A.L. 1992 H.B. 975, A.L. 1993 S.B. 251, A.L. 1998 H.B. 1237, et al., A.L. 2005 S.B. 1 & 130)Prior revision: 1929 § 3332
(1972) Where employer received timely written notice of injury to employee from employee's physician, employee's claim for compensation, although filed more than one year after last payment of compensation, was not barred since employer's failure to file report of injury until after claim for compensation had been filed tolled the running of limitations against employee. Snow v. Hicks Brothers Chevrolet, Inc. (A.), 480 S.W.2d 97.